Trial against Meta in New Mexico focuses on dangers of child sexual
exploitation on social media
[February 09, 2026] By
MORGAN LEE
SANTA FE, N.M. (AP) — A trial focused on the dangers of child sexual
exploitation on social media and whether Meta misrepresented the safety
of its platforms is set to start in New Mexico with opening statements
Monday.
It's the first stand-alone trial from state prosecutors in a stream of
lawsuits against major social media companies, including Meta, over harm
to children, and one that is likely to highlight explicit online content
and its effects.
New Mexico Attorney General Raúl Torrez sued Meta in 2023. His team
built the case by posing as kids through social media accounts, then
documenting the arrival of sexual solicitations as well as the response
by Meta, the owner of Facebook, Instagram and WhatsApp.
Prosecutors say they’ll provide evidence and testimony that Meta’s
algorithms and account features enticed and addicted young people to
social media, while also creating a “breeding ground” for predators who
target children for sexual exploitation. Prosecutors allege Meta failed
to disclose what it knew about those harmful effects, in violation of
state consumer protection laws. Meta also is accused of creating a
public nuisance.
“Meta knowingly exposes children to the twin dangers of sexual
exploitation and mental health harm,” the lawsuit states. “Meta’s motive
for doing so is profit.”
Meta denies any legal violations and says prosecutors are cherry-picking
evidence to make sensationalist arguments. On Sunday, Meta called the
state’s investigation “ethically compromised” in its use of child photos
on proxy accounts, delays in reporting child sexual abuse material and
the disposal of data from devices used in the investigation, in social
media posts on X by company spokesperson Andy Stone.
The company says lawsuits are attempting to place the blame for teen
mental health struggles on social media companies in a way that
oversimplifies matters. Meta says it has a longstanding commitment to
supporting young people, highlighting a steady addition of account
settings and tools — including safety features that give teens more
information about the person they’re chatting with and content
restrictions based on PG-13 movie ratings.
“For over a decade, we’ve listened to parents, worked with experts and
law enforcement, and conducted in-depth research to understand the
issues that matter most," the company said in a statement. “We’re proud
of the progress we’ve made."
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A Meta logo is shown on a video screen at LlamaCon 2025, an AI
developer conference, in Menlo Park, Calif., April 29, 2025. (AP
Photo/Jeff Chiu, File)
 It's unclear whether Meta CEO Mark
Zuckerberg will testify at trial. New Mexico limits the ability to
compel out-of-state witnesses to testify in person, while
prosecutors can present testimony by Zuckerberg from a deposition.
Personal opinions of Zuckerberg and evolving
attitudes toward social media loomed over jury selection from a pool
of more than 200 residents of Santa Fe County, including several
educators, young adults who grew up with social media and others who
never signed up.
“Quite frankly, he's the tech bro making money off of all of us,"
one person said of Zuckerberg.
An attorney for the state warned that there would be “very sensitive
and very explicit material discussed in terms of safety to children”
during the trial.
More than 40 state attorneys general have filed lawsuits against
Meta, claiming it is deliberately designing features that addict
children to its platforms. The majority filed their lawsuits in
federal court, and New Mexico's case against Meta is the first to
reach trial.
Opening statements have been postponed in a bellwether trial
underway in California against social video companies, including
Meta’s Instagram and Google’s YouTube, that focuses on a 19-year-old
who claims her use of social media from an early age addicted her to
technology and exacerbated depression and suicidal thoughts. TikTok
and Snapchat parent company Snap Inc. settled claims in the case.
Torrez, a Democrat seeking reelection this year to a second term,
has urged Meta to implement more effective age verification and
remove bad actors from its platform. He’s also seeking changes to
algorithms that can serve up harmful material and criticizing
end-to-end privacy encryption that can prevent the monitoring of
communications with children for safety.
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